APHC010107822026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] FRIDAY,THE TWENTY SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 5791/2026 Between: 1. THOLLA NARAYANA SWAMY, S/O LATE T.NAGANNA, AGED ABOUT 44YRS, OCC COOLIE R/O NAGARUR VILLAGE, YADIKI MANDAL, ANANTHAPURAMU DISTRICT. 2. THOLLA NAGENDRA,, S/O LATE T.NAGANNA, AGED ABOUT 47YRS, OCC COOLIE R/O NAGARUR VILLAGE, YADIKI MANDAL, ANANTHAPURAMU DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. S 3T 2. THE DISTRICT COLLECTOR, ANANTHAPURAMU DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, GUNTAKAL DIVISION, ANANTHAPURAMU DISTRICT. 4. THE TAHSILDAR, YADIKI MANDAL, ANANTHAPURAMU DISTRICT ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue a Writ, Order or Direction, more particularly one in the nature of Writ of Certiorari, calling for the entire records pertaining to the proceedings in Rc.No.A/281/2016 dated 18.02.2026 passed by the 4th 2 BKM,J W.P.No.5791 of 2026 Respondent (Tahsildar, Yadiki Mandal) under Section 6 of the Andhra Pradesh Land Encroachment Act, 1905, in respect of land in Sy.No.348-A, Nagarur Village, Yadiki Mandal, Ananthapuramu District, and Set aside the same as being illegal, arbitrary, without jurisdiction, violative of the principles of natural justice and contrary to the provisions of the Andhra Pradesh Land Encroachment Act, 1905 and Declare the action of the respondents in seeking to dispossess the petitioners from the assigned house site plots (Plot Nos.64 65 in Sy.No.348-A) as unconstitutional, violative of Articles 14 and 300-A of the Constitution of India and consequently direct the respondents not to interfere with the peaceful possession and enjoyment of the petitioners over the house site plots situated in Sy.No.348-A, Nagarur Village, Yadiki Mandal, Ananthapuramu District and pass IA NO: 1 OF 2026 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to dispense with the filing of the certified copy of the proceedings in Rc,No.A/281/2016 dated 18.02.2026 issued by the 4 (Tahsildar, Yadiki Mandal) under Section 6 of the Andhra Pradesh Land Encroachment Act, 1905, and pass IA NO: 2 OF 2026 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to suspend the operation and implementation of the proceedings Rc.No.A/281/2016 dated 18.02.2026 issued by the 4th Respondent (Tahsildar, Yadiki Mandal) under Section 6 of the Pradesh Encroachment Act, 1905, in respect of land in Sy.No.348-A, Nagarur Village, Yadiki Mandal, Ananthapuramu District, pending disposal of the Writ Petition, and pass Counsel for the Petitioner(S): 1. PADMAJA TARIGOPPULA Counsel for the Respondent(S): 1. GP FOR REVENUE 3 BKM,J W.P.No.5791 of 2026 The Court made the following Order: Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Revenue appearing for the respondents. 2. This writ petition is filed questioning the order passed by the 4th respondent dated 18.02.2026 issued under Section 6 of the Andhra Pradesh Land Encroachment Act, 1905 (herein after referred as “the Act”) on the ground that they have not submitted explanation pursuant to the show cause notice issued under Section 7 of the Act dated 09.02.2026 and encroached upon the space of the extent of Ac.0.006 cents as detailed in the schedule given in the order of the 4th respondent dated 18.02.2026. 3. The learned counsel for the petitioners submits that the petitioners have no opportunity to submit their explanations as the notices issued under Section 7 of the Act dated 09.02.2026 were not served, following the procedure. 4. On the other hand, the learned Assistant Government Pleader appearing for the respondents submits that if the petitioners submit their explanation to the above said show cause notice dated 09.02.2026, the same would be considered by the 4th respondent, following the due procedure. 5. In reply, the learned counsel for the petitioners also submits that the revision is pending before the Joint Collector and notice was also issued by the said office dated 15.10.2025. The petitioners are in continuous 4 BKM,J W.P.No.5791 of 2026 possession of the subject land of encroachment as alleged in the above said schedule of the impugned order dated 18.02.2026. 6. In view of the above said facts and circumstances, the petitioners are permitted to submit their explanation, if any, enclosing all the necessary documents in support of their claim to the above said show cause notice dated 09.02.2026 within a period of two (02) weeks from the date of receipt of this order. On receipt of such explanation from the petitioners, the 4th respondent is directed to proceed with the necessary enquiry pursuant to the above said show cause notice dated 09.02.2026, strictly in accordance with law, by hearing all the parties concerned, including the petitioners, giving due opportunity, upon verification of the records and the subject land, appropriate decision shall be taken on its own merits as expeditiously as possible, preferably within a period of two (02) months thereafter. Pending the above said enquiry, there shall be an order of status quo as on today to be maintained with respect to the subject land of alleged encroachment as pointed out in the above said schedule of the order passed by the 4th respondent dated 18.02.2026. For the purpose of conducting the above said enquiry by the 4th respondent, the impugned order dated 18.02.2026 of the 4th respondent is set aside herewith. The petitioners shall co-operate with the necessary enquiry as directed above. 7. Accordingly, this Writ Petition is disposed of. Interim order if any deemed to have been vacated. There shall be no order as to costs. 5 BKM,J W.P.No.5791 of 2026 As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________________ JUSTICE B. KRISHNA MOHAN 27.02.2026 PGT